The Baha Mousa Public Inquiry

Please note that oral hearings concluded on 14th October 2010 and the Chairman is now in the process of drafting his report.

General information in relation to Module 4

The Inquiry intends to hear oral evidence in respect of Module 4 between Tuesday 5 October and Friday 15 October 2010. A timetable will be published in September.

The Ministry of Defence and Core Participants have been notified of 32 topics and MOD are required to provide disclosure relevant to them, and witness statements to address the current policies and practice in these areas. Having heard evidence as to the historical position (Module 1), the immediate events of the detainees’ treatment (Module 2) and training and the Chain of Command (Module 3), these topics are those the Inquiry has identified as being most important in terms of analysing MOD’s current policies, understanding how far MOD’s own changes have progressed, and to consider whether recommendations are needed for the future.

Consideration of recommendations for the future must involve an adequate assessment and understanding of what changes have been made since September 2003. There is an obvious need to ensure that recommendations are practical and effective. The focus in Module 4 will be on achieving better and clearer accountability for the welfare of captured personnel by reference to:

1.Training;

2.The proper recording of events during detention;

3.Who in the chain of command has what responsibilities for prisoners.

The 32 issues which the MOD have been tasked to address can be found here:

The Detainees will continue to be legally represented by their experienced legal team for Module 4. They and other Core Participants who are permitted legal representation in Module 4 will have a role to play in the examination of MOD’s current practices and policies. Counsel to the Inquiry has explained the basic approach to Module 4 as follows:

“The approach, in essence, will be to hear oral evidence from those best placed at the Ministry of Defence to explain current policy and practice. The Inquiry will then, in appropriate cases, look constructively to test what those witnesses say about those matters. That will be done by examination in the oral hearings by Counsel to the Inquiry, although core participants taking part in Module 4 will also have a role to play.”

The MOD is in the course of finalising witness statements and disclosure relating to the 32 identified topics. In addition to these witnesses of fact to the current policies and practices, the Inquiry has retained 7 experts who are involved in key areas of relevance to Module 4 issues: details of the experts retained by the Inquiry and the broad areas in which they will be assisting the Inquiry can be found here:

Given the extent of representation afforded to the Detainees and other Core Participants, the Inquiry does not envisage there being a specific role for interested individuals, specific interest groups or non-governmental organisations in the Module 4 oral hearings. However, such individuals or organisations, if interested in contributing to the Inquiry’s Module 4, should consider the information and guidance below.

The Inquiry intends to publish the MOD Module 4 witness statements on its website in mid August, and the expert witnesses’ preliminary statements in September 2010.

If any concerned outside bodies wish to make written representations to the Inquiry in relation to Module 4 matters, then we would ask that any such representations are provided to the Inquiry by 24 September 2010.

If they are to be of assistance to the Inquiry, such written representations must principally address one or more of the 32 Module 4 topics identified by the Inquiry. Representations will also be of most use to the Inquiry if they:

ØTake into account MOD’s Module 4 witness statements that will have been released and made publically available on the Inquiry website in August;

ØTake into account any of the experts’ reports released in September;

ØAre self-contained and concise.

There is no funding available from the Inquiry for any concerned outside body wishing to make written representations to the Inquiry.

Any concerned outside bodies making representations should take into account that the Inquiry may wish to publish the representations on this website (but the Inquiry does not undertake to do so).